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2012 DIGILAW 722 (RAJ)

Om Prakash v. Kalu Ram Jat

2012-03-22

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 5th November, 2011, whereby the Motor Accident Claims Tribunal (Additional District Judge, Fast Track, No.7), Jaipur Metropolitan, Jaipur, decreed an amount of Rs.3,34,000/- in favour of the appellants and against the respondents. Dissatisfied with the impugned award, the appellants have beseeched to enhanced the quantum of compensation. 2. Heard the learned counsel for the appellant and carefully perused the relevant material on record including the impugned award. 3. Learned counsel for the appellants has focused his arguments only on one ground that the learned Tribunal erred in considering the income of the deceased only as Rs. 4,000/- per month instead of Rs. 8,000/-, despite there being evidence available on record that the deceased was working as Collection Executive with Manoj Carbomovers and was earning Rs. 8,000/- per month. Learned counsel implored that keeping in view the monthly income of the deceased, the quantum of compensation may be enhanced. 4. Having heard the learned counsel for the appellant and carefully perused the relevant material on record, it is noticed that there being no cogent evidence with regard to the income of the deceased, the learned Tribunal considered Rs. 4,000/- to be his monthly income and after considering all the facts and circumstances of the case as also the entire evidence on record, passed a global compensation under the award of Rs. 3,34,000/- in favour of the claimants-appellants, which is found to be just and proper in the facts and circumstances of the case. The impugned award is well merited, based on cogent finding, with which I fully concur and I do not find any ground to make any interference therein, thus, the appeal deserves to be dismissed at the threshold. 5. For these reasons stated above, the appeal fails and the same being bereft of any merit stands dismissed in limine.